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Giving Day

Prosecutor says no crime was committed in Alger County shooting

MARQUETTE, MI--   A special prosecutor appointed to review the shooting of Timothy Mitchell in Alger County in July says the officer who shot him will not face charges.  

Marquette County Prosecutor Matt Wiese viewed the in-car video.  He says Munising City Police Officer Justin Schlabach tried to arrest Mitchell after Mitchell led him on a high-speed chase down Highway 13 and crashed his vehicle.  With pistol drawn, Schlabach repeatedly ordered Mitchell to the ground, but Mitchell continued to aggressively advance toward the officer.  Schlabach shot Mitchell twice in the chest. 

Schlabach said he feared for his safety and feared Mitchell would do anything to get away—including killing the officer.  He was also the only officer on the road in Alger County at that time. 

Wiese says under Michigan law a person has the right to use force or even take a life to defend themselves.  He says Schlabach acted in lawful self-defense and will not be charged in the incident.  

Nicole was born near Detroit but has lived in the U.P. most of her life. She graduated from Marquette Senior High School and attended Michigan State and Northern Michigan Universities, graduating from NMU in 1993 with a degree in English.
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